[Introduced February 10, 2012; referred to the Committee on
Education; and then to the Committee on the Judiciary.]

____________

A BILL to amend and reenact §18-2C-3 of the Code of West Virginia,
1931, as amended, relating to removing the requirement that
schools input data into the West Virginia Education
Information System; and stylistic changes.

Be it enacted by the Legislature of West Virginia:

That §18-2C-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.

§18-2C-3. Policy prohibiting harassment, intimidation or bullying.

(a) Each county board shall establish a policy prohibiting
harassment, intimidation or bullying. Each county board has
control over the content of its policy as long as the policy
contains, at a minimum, the requirements of subdivision (b) of this
section. The policy shall be adopted through a process that
includes representation of parents or guardians, school employees,
school volunteers, students and community members.

(b) Each county board policy shall, at a minimum, include the
following components:

(1) A statement prohibiting harassment, intimidation or
bullying of any student on school property, a school bus, at a
school bus stop or at school sponsored events;

(2) A definition of harassment, intimidation or bullying no
less inclusive than that in section two of this article;

(3) A procedure for reporting prohibited incidents;

(4) A requirement that school personnel report prohibited
incidents of which they are aware;

(5) A requirement that parents or guardians of any student
involved in an incident prohibited pursuant to this article be
notified;

(6) A procedure for documenting any prohibited incident that
is reported;

(7) A procedure for responding to and investigating any
reported incident;

(8) A strategy for protecting a victim from additional
harassment, intimidation or bullying, and from retaliation
following a report;

(9) A disciplinary procedure for any student guilty of
harassment, intimidation or bullying; or

(10) A requirement that any information relating to a reported
incident is confidential, and exempt from disclosure under the
provisions of chapter twenty-nine-b of this code.

(11) A requirement that each county board shall input into the
uniform integrated regional computer information system (commonly
known as the West Virginia Education Information System) described
in section twenty-six, article two of this chapter, and compile an
annual report regarding the means of harassment, intimidation or
bullying that have been reported to them, and the reasons therefor,
if known. The West Virginia Department of Education shall compile
the information and report it annually beginning July 1, 2012, to
the Legislative Oversight Committee on Education Accountability.

(c) Each county board shall adopt the policy and submit a copy
to the State Superintendent of Schools by December 1, 2011.2012.

(d) To assist county boards in developing their policies, the
West Virginia Department of Education shall develop a model policy
applicable to grades kindergarten through twelfth. The model
policy shall be issued by September 1, 2011.

(e) Notice of the county board’s policy shall appear in any
student handbook, and in any county board publication that sets
forth the comprehensive rules, procedures and standards of conduct
for the school.

NOTE: The purpose of this bill is to remove the requirement
that schools input data into the West Virginia Education
Information System.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.